Syracuse, New York – A man who was charged for punching another man so many times that it led to his death has been released under New York’s bail reform. According to bail reform law, charges of criminally negligent homicide require that suspects be released with nothing more than an appearance date for court.
Syracuse Police charged Randy Bailey Jr. with criminally negligent homicide. He was released on an appearance ticket.https://t.co/G6I8BmGWHO
— CNYCentral (@CNYCentral) March 2, 2020
On February 27th, 31-year-old Randy Bailey Jr. was charged with criminally negligent homicide in connection with the death of 49-year-old Robert Pickett in December of last year.
Syracuse Police responded to a 911 call on December 4th where the caller stated that Bailey was repeatedly striking Pickett in the head and face while “Pickett sat defenseless on a couch”.
When police arrived at the home located on 337 1/2 Shonnard St, Pickett claimed to not have any knowledge of a fight happening. Without a complainant to corroborate the 911 call, and police not seeing signs of sustained injuries at the time, no arrests could be made.
However, Pickett’s sustained injuries were more serious than anyone could have fathomed.
The day after the alleged beating, Pickett told his live-in girlfriend that he was having severe head pain. Then, he became unresponsive. Pickett’s girlfriend called an ambulance, and he was transferred to University Hospital, where medical staff realized that Pickett wouldn’t survive his sustained injuries. On December 9th, Pickett had died while in the hospital.
Just over two months after the death of Pickett, the Onondaga County Medical Examiner’s Office concluded that his death was a homicide. The cause of death – blunt head trauma.
Criminally negligent homicide in New York is what’s known as a “Class E Felony”, which means, if convicted, Bailey would only serve up to four years in prison. While the lenient charging is a mess in it’s own right, the release of someone accused of hitting someone so many times that they died is despicable.
Why would we want someone walking about freely who was so careless in their alleged assault that someone died as a result?
To see how ludicrous bail reform is, just last month there was a man who was arrested and released three times – all on February 17th -ONE day!
For what seems like the 200th time since December, we are telling you the story of another person released under the New York bail reform conundrum. And as has often been the case, the accused walks out of jail, hits the street and commits another crime…or two.
Scott Nolan was arrested in Troy, New York around 9:00 a.m. on February 17th and charged with shoplifting. He was released. Roughly 5 hours later, he was arrested again for allegedly assaulting a man.
Yep, you guessed it. He walked out again.
And two hours later he was being cuffed-up again, this time accused of hitting someone with a brick.
Thank you Governor Cuomo.
As reported by Breitbart’s John Binder, Nolan has a 50-page long criminal record.
Yet thanks to bail reform, crimes for which bail has been eliminated in New York include second-degree manslaughter, aggravated vehicular assault, third-degree assault, promoting an obscene sexual performance by a child, criminally negligent homicide, or aggravated vehicular homicide.
Nolan managed to find a crime to commit that would not allow him to walk free.
He is being held on second-degree attempted assault. Second-degree manslaughter won’t get you held, but attempted assault will?
Fortunately, there is at least one judge in New York finding a way to do something about this travesty that they call “bail reform.”
A Brooklyn judge may have found a temporary solution to the state’s ridiculous bail reform law. While it may not be applicable in every arrest made, he has already deployed it to send a serial burglar to jail.
Brooklyn Supreme Court Justice John Hecht found a 40-year-old statute, unknown to many. That rule allows judges to keep some repeat felony offenders in jail for up to 3 months.
Hecht used it to order prolific burglar Casey Knight locked up at the Otis Bantum Correctional Center in East Elmhurst.
Knight, 51, with seven prior convictions, had another burglary charge pending when he was released in December.
His release was all due to the bail reforms. He was subsequently arrested for allegedly pulling off three more heists in January.
Burglary in the second degree is one of the felonies on the bail reform list that are no longer eligible for bail.
Hecht in his ruling argued that the 1981 law was not changed when state lawmakers made their reforms, and should therefore still apply in this case.
“The exclusion of burglary in the second degree simply isn’t there,” Hecht said of the older law. “Accordingly, based on all these factors, the court concluded that the least restrictive condition to reasonably assure his return was to remand for a period of ninety days.”
A spokesman for the Legal Aid Society, which represents Knight, said the office is still reviewing Hecht’s ruling “to determine next steps.”
Hecht’s application may not be a long-term solution and it has certainly divided opinion among legal experts.
Bennett Gershman, a former Manhattan prosecutor and current professor at Pace University School of Law said the Brooklyn judge did the “right thing.”
“The judge rescued a very bad situation using this statute,” said Gershman, who added that state legislators overreached on the reform measure, exposing the system to “embarrassing” lapses.
Not only that, but every time a criminal is released without bail, and commits the same or worse crimes while waiting to go to trial, it only creates more victims.
It only creates more loss.
It only shows that lawmakers who support such legislation really do not care about their constituency and what impact crime has on their communities.
Jocelyn Simonson, a former public defender who teaches at Brooklyn Law School, said lawmakers clearly hadn’t intended to leave the old law on the books — and suggested the judge was using the case to air his own grievances with the new bail reforms.
“This is not a result that should be happening,” Simonson said. “He’s going out of his way to make a ruling that he didn’t have to make.”
Lawyer: Objection your Honor, speculation.
Um, Jocelyn…I hate to break this to you, but you cannot speak to what every New York lawmaker since 1981 “clearly intended.”
Jocelyn: I object.
Judge: On what grounds?
Jocelyn: On the grounds that the previous objection is devastating to my case.
Knight was busted in November 2018 for allegedly breaking into a Bedford-Stuyvesant building by busting through a windowpane on the front door and stealing more than $3,000 worth of jewelry.
A judge at the time set bail on Knight but he didn’t pay it, according to court documents.
He was behind bars for more than a year, until Brooklyn Supreme Court Justice Barry Warhit released him without bail on Dec. 3 in anticipation of the coming bail reforms, which technically went into effect January 1st.
Where was Jocelyn then? Was she outraged that a judge was ruling based off laws that were not yet laws? Or is her disdain for a judge based solely off a judge using laws that are actual laws, simply because she disagrees with their interpretation of that law.
Once free, police say Knight then looted three more Bed-Stuy homes in the span of two weeks. The list of items he absconded with included music equipment, electronics, Play Station games and two pairs of shoes.
He was arrested February 1st and brought before Hecht five days later.
Hecht is just the latest New York judge to try to find a way around the bail reform measures.
Last month, Nassau County District Judge David McAndrews ordered accused serial bank robber Romell Nellis held on $10,000 cash bond, even though the charge was not bail-eligible under the new law.
Another Nassau judge was later forced to release Nellis without bail.
And wouldn’t you know it. Nellis hacked off his court-ordered monitoring ankle bracelet and hit up two more banks, police said.
Meanwhile, Alexandria Ocasio-Cortez weighed in on the topic of bail reform reform at campaign event.
“What I would just say is that we should just give this time. It’s been five minutes,” AOC told The Post when asked if the controversial new law needed to be amended.
“Give it a shot. We’ve had almost no time since these things have passed. So I would just say, in this environment with political pressure, to maybe just say let’s just slow down a bit.”
Ocasio-Cortez made the remarks during a ceremony to kick off her 2020 reelection effort in Parkchester, The Bronx, on Saturday. She warned that powerful moneyed interests had assembled to thwart the law’s success.
“There’s a very strong campaign coming from a lot of different interests to roll them back,” she said.
“I’m sure that there’a a lot of money with the bail bond industry, a lot of folks make a lot of money on cash bail, and I think that this is a well-funded campaign.”
Hey Alexandria, let’s be honest. The state of New York is a train wreck. The city of New York is a major train wreck, and you are one of the lead conductors. And the train wreck is about to get worse.
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